[R.O. 2006 §405.035; Ord. No. 503A, 7-17-2000; Ord. No. 874 §§1 —
2, 1-16-2001; Ord. No. 884 §§1 — 2, 8-20-2001]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
To cease or discontinue a use or activity without intent
to resume the use or activity, but excluding temporary or short-term
interruptions to a use or activity during periods of remodeling, maintaining,
or otherwise improving or rearranging a facility. A discontinuance
of use for a period of six (6) months or greater shall be prima facie
proof of abandonment.
Having a common border with, or being separated from such
a common border by a right-of-way, alley or easement.
A subordinate building, not a portable structure, located
on a lot, which has a use incidental to the principal building or
principal use of the lot.
[Ord. No. 1212 §1, 4-20-2015]
A subordinate structure, not a portable structure, located
on a lot, which is detached from the principal building or principal
use of the lot and has a use incidental to the principal building
or principal use of the lot.
[Ord. No. 1212 §1, 4-20-2015]
A subordinate use of a building or land which is:
[Ord. No. 1212 §1, 4-20-2015]
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
Any change, addition or modification in construction or occupancy
of an existing structure.
A suite of rooms or a room in a building arranged and intended
for a place of residence of a single family or a group of individuals
living together as a family in a separate dwelling unit.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories, or for servicing or lubricating
motor vehicles, or installing or repairing parts and accessories,
but not including the repairing or replacement of motors, bodies or
fenders of motor vehicles, or painting motor vehicles, and excluding
public garages.
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
A dwelling, or portion thereof, where short-term lodging
rooms, with or without meals, are provided for compensation. The operator
of the inn shall live on the premises.
A landscaped area intended to separate and partially obstruct
the view of two (2) adjacent land uses or properties from one another.
The width of the lot remaining to be built upon after the
side yards are provided.
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery,
or equipment. When any portion of a building is completely separated
from any other portion thereof by a division wall without openings
or by a firewall, then each such portion shall be deemed to be a separate
building.
The vertical distance from the adjacent grade to the highest
point of the roof coping for flat roofs; or to the deck line of a
mansard roof; or to the mean height level between eaves and ridge
for gable, hip and gambrel roof.
A line parallel to a street right-of-way line or other property
line, and which prohibits the erection of any portion of a structure,
except as otherwise provided for in this Chapter, between such line
and the right-of-way or property line.
An independent, ground-supported, roofed structure with totally
open sides.
An area of land and/or building with machine or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
A facility providing twenty-four (24) hour consecutive care
by an on-site staff for three (3) or more persons who by reason of
age, physical, or mental disability require services furnished by
a facility that provides shelter, board, storage, distribution of
medicines, counseling, and protective oversight, including care during
short-term illness or recuperation.
A story having more than one-half (½) of its height
below grade.
A private residence where care, protection and supervision
are provided, for a fee, at least twice a week to no more than five
(5) children at one time, excluding children of the adult provider.
A building or structure where care, protection and supervision
are provided on a regular schedule at least twice a week to at least
six (6) children, excluding children of the adult provider.
The registered professional engineer licensed by the State
of Missouri, officially appointed as the engineer of the City of Troy
or his/her official designee.
An establishment where patients are not lodged overnight
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A use that, owing to some special characteristics attendant
to its operation or installation, is permitted in a district subject
to approval by the Board of Aldermen and subject to special requirements
or conditions which are different from those usual requirements for
permitted uses within the district in which the conditional use may
be located.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with a separate interest in space in a residential or commercial
building.
Any retail establishment offering for sale prepackaged food
products, household items and other goods commonly associated with
the same and having a gross floor area of less than five thousand
(5,000) square feet.
The State of Missouri Department of Health and Senior Services,
or it successor agency.
[Ord. No. 1269, 6-27-2019]
A part or parts of the City of Troy for which the Zoning
Ordinance establishes regulations governing the development and use
of the land therein.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises. This definition shall include
all curb service establishments, drive-in restaurants and drive-in
cafes, but does not include drive-through windows as an accessory
use.
Any portion of a building or structure from which business
is transacted, or is capable thereof, directly with customers located
in a motor vehicle during such business transactions.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A dwelling situated on one (1) lot occupied exclusively by
four (4) families, respectively, in separate dwelling units living
independently of each other.
A dwelling located above the first (1st) floor of a non-residential
use such as a store or office.
A dwelling situated on one (1) lot occupied by three (3)
or more families in separate dwelling units living independently of
each other. The term "multiple-family dwelling" includes
the terms "apartment", "apartment house", "garden apartment", and "town house apartment".
A building designed for or occupied exclusively by one (1)
family, or such other combination of individuals as may be required
by law to be classified as constituting a use included within the
definition of "single-family dwelling" or "single-family residence".
Two (2) single- family dwellings sharing a common wall but
situated on separate lots designed to be occupied exclusively be separate
families.
A dwelling situated on one (1) lot designed to be occupied
exclusively by one (1) family.
A dwelling situated on one (1) lot occupied exclusively by
three (3) families, respectively, in separate dwelling units living
independently of each other.
A dwelling situated on one (1) lot occupied exclusively by
two (2) families, respectively, in separate dwelling units living
independently of each other.
A property right such as that of access created by grant,
agreement, reservation or other conveyance which one party has in
the land of another party.
A medical marijuana cultivation facility, marijuana-infused
products manufacturing facility, medical marijuana testing facility
or medical marijuana dispensary facility, or any combination thereof,
or any business related to the possession, sale, use, cultivation
or manufacture of marijuana.
[Ord. No. 1269, 6-27-2019]
A single individual doing his/her own cooking and living upon
a premises as a separate housekeeping unit; or
A collection of persons doing their own cooking and living together
upon a premises as a separate housekeeping unit and related by blood,
marriage or adoption; or
A group of not more than three (3) unrelated persons doing their
own cooking and living together on the premises as a separate housekeeping
unit.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one
(1) or more of the above uses, including dairy farming, with the necessary
accessory uses for treating or storing the produce; provided however,
that the operation of such accessory uses shall be secondary to that
of the normal farming activities and, provided further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
An office establishment or business primarily engaged in
the provision of financial and banking services. Typical uses include
banks, savings associations, savings and loan institutions, stock
and bond brokers, loan and lending activities in conjunction with
the receipt of deposits, certified financial planning, accounting,
auditing, bookkeeping and similar services. Financial services does
not include pawnshops, title loan establishments or other establishments
producing short-term consumer loans secured by personal property,
certificates of title to such property, estimated tax refunds or other
such collateral, or businesses primarily engaged in check cashing
or issuing money orders.
Any place where two (2) or more persons occupy individual stands for the purpose of buying, selling, trading or exchanging personal property. Flea markets shall not include garage sales which are regulated pursuant to Section 210.710.
[Ord. No. 1191 §1, 10-21-2013]
The area of land adjoining the channel of a river, stream,
creek, lake or other body of water which is subject to a one percent
(1%), or greater, chance of flooding in any given year, as defined
by the U.S. Corps of Engineers and required by the National Flood
Insurance Act, and as identified on the Flood Insurance Rate Maps
(FIRM) (also termed the area of special flood hazard by the Federal
Emergency Management Agency). The 100-year flood plain shall also
include such areas that may be determined by the City to have actual
flooding or flood risk, but due to flood course or topographic changes
or clerical error has been mistakenly omitted from designation on
the FIRM.
The total number of square feet of floor space measured from
the interior faces of the exterior walls of a building, not including
space in stairwells, elevator shafts, cellars or basements; however,
if the cellar or basement is used for business or commercial purposes,
it shall be counted as floor area in computing off-street parking
requirements.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead-end of the street, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term repairing shall not include
an automotive body repair shop nor the rebuilding, dismantling or
storage of wrecked or junked vehicles.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
Any occupation, profession or activity that is a customary,
incidental and secondary use of a residential unit carried on by a
member of the immediate family, residing on the premises, in connection
with which there is used no sign other than a nameplate, or no display
that will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling,
and which does not alter the exterior of the property or affect the
residential character of the neighborhood; there is no commodity sold
upon the premises; no person is employed other than a member of the
immediate family residing on the premises; and no mechanical equipment
is used except such as is permissible for purely domestic household
purposes. Group homes operated on a for-profit basis shall not be
included in the meaning of home occupation.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contrast to a lodging house as herein defined.
A planned, coordinated development of a tract of land with
two (2) or more separate buildings with industrial and related activities
planned, designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site planning standards,
including vehicular circulation, parking, landscaping, open space,
aesthetics, building design and orientation, and infrastructure.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
An open or enclosed area in which waste material, used or
secondhand materials, or inoperative vehicles and other machinery
are collected, stored, salvaged or sold.
An establishment licensed to operate a facility housing dogs,
cats or other household pets and where grooming, breeding, training
or selling of animals is conducted as a business.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A space within the main building or on the same lot providing
off-street space for the loading and unloading of freight, materials
and products in connection with the use of the property on which the
space is located.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods) for compensation, for three (3)
or more, but not exceeding twelve (12) individuals, not open to transient
guests in contradiction to hotels open to transients.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A line dividing one (1) lot from another lot, or from a street
or alley.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Lincoln County, Missouri,
prior to the adoption of this Chapter.
A lot having its front and rear yards each abutting on a
street.
These are homes built entirely in the factory under a Federal
Building Code administered by the U.S. Department of Housing and Urban
Development (HUD). The Federal Manufactured Home Construction and
Safety Standards (commonly known as the HUD Code) went into effect
June 15,1976. Manufactured homes may be single- or multi-section and
are transported to the site and installed with or without a permanent
foundation.
Any plot of ground upon which two (2) or more manufactured
or modular homes, occupied for dwelling or sleeping purposes, are
located. No manufactured home park shall be divided by any public
street or highway.
Cannabis indica, Cannabis saliva, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood,
within the scientific community to constitute marijuana, as well as,
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "Marihuana" does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
[Ord. No. 1269, 6-27-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 1269, 6-27-2019]
A facility licensed by the Department to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 1269, 6-27-2019]
A facility licensed by the Department, to acquire, store,
sell, transport and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 1269, 6-27-2019]
A facility licensed by the Department to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a medical marijuana testing facility,
or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 1269, 6-27-2019]
A facility certified by the Department to acquire, test,
certify, and transport Marijuana.
[Ord. No. 1269, 6-27-2019]
This is the term used for factory-built homes produced prior
to June 15, 1976, when the HUD Code went into effect. Mobile homes
conform to the American National Standards (ANSI) for Mobile Homes.
These factory-built homes are built to the State and local Codes where the home will be located. A modular home must conform to the Missouri standards set forth in 4 CSR 24-123.080 of the Missouri Code of State Regulations. This Code states that modular homes shall be built in accordance with and meets the requirements of the Building Codes currently adopted by the City and set out in Chapter 500 of this Code. Modular homes will be placed on a permanent foundation.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot, and designed, used or intended wholly
or in part for the accommodation of automobile transients.
A lot lawfully existing on the effective date of this Chapter
(and not created for purposes of evading the restrictions of this
Chapter) that does not meet the minimum area or dimensional requirements
of the zoning district in which the lot is located.
Any structure, including buildings, that does not meet the
limitations on structure size and location on a lot for the district
in which such structure is located, or for the use to which such structure
is being put.
A lawful use of land, including lot, buildings or structures,
that does not comply with the use regulations for its zoning district
with the passage of this Chapter, but which complied with the applicable
regulations at the time use was established.
A building intended for use as a medical facility in which
three (3) or more persons not of the immediate family are received,
kept or provided with food and shelter or care, for compensation,
but not including hospitals, clinics or similar institutions.
A pre-kindergarten school for children primarily between
the ages of three (3) and five (5).
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A tract of land that has been planned, developed and operated
as an integrated facility for two (2) or more separate office buildings
and supporting uses with special attention given to on-site circulation,
parking, landscaping, open space, aesthetics, building design and
orientation and utility needs.
Land reserved and used for recreation, scenic purposes, resource
protection and/or buffers, including common ground associated with
residential developments.
Storage of materials or goods on the ground outside of a
building.
The development and use of parking areas on two (2) or more
separate properties for joint use by the businesses on those properties.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
This is a poured-in-place footing and foundation wall system. This can be a footing with short wall to create a crawl space or footing and foundation wall to create a basement. The system has to meet specifications set out in the currently adopted Building Codes of the City of Troy set out in Chapter 500 of this Code.
Land under unified control to be planned and developed as
a whole in a single development operation or as a programmed series
of phases of developments.
Any parcel or structure used to raise trees, shrubs, flowers
and other plants for transplanting or sale.
A one-story detached accessory building/structure with floor
space which does not exceed two hundred (200) square feet, which is
easily moved by hand and has no permanent foundation.
[Ord. No. 1212 § 1, 4-20-2015]
A lot, together with all buildings and structures thereon.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes cafes, tea rooms
and outdoor cafes.
An establishment that delivers prepared food and/or beverages
to customers in motor vehicles, regardless of whether or not it also
serves prepared food and/or beverages to customers who are not in
motor vehicles, for consumption either on or off the premises.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings, for consumption either within the restaurant or for carry-out,
or the establishment includes a drive-up or drive-through service
facility.
A round, parabolic antenna, including both non-commercial
and commercial antenna, intended to receive signals from orbiting
satellites and other sources.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
an operating unit related in its location, size and type of shops
to the trade area that the unit serves. The unit provides on-site
parking in definite relationship to the types and total size of the
stores.
A plan, prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land, including all roads, ingress/egress,
parking, lighting, landscaping/open space, infrastructure.
A detached building accessory to a residential use for the
keeping of horses owned by the occupants of the premises, and which
shall not be used for any commercial purpose including the boarding,
hire, sale or training of horses.
A building or land intended for use as a shelter for horses
or ponies, and which provides for commercial boarding, hire, sale
or training of such animals.
A building consisting of individual, small, self-contained
compartmentalized units used or owned for the storage of business
and household goods or contractors' supplies. Outdoor storage, repair,
maintenance, etc., of vehicles, boats, trailers or other equipment
shall not be permitted.
Includes open, uncovered and exterior storage of materials,
supplies or other goods which includes finished products, raw materials,
waste, etc.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof with the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public way which affords the principal means of access
to abutting property.
Any change, except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limited to,
the generality of the following: buildings, advertising signs, billboards,
backstops for tennis courts, and pergolas.
A prospective use, intended only for limited duration, to
be located in a zoning district not permitting such use, and which
does not continue a non-conforming use or building.
A structure situated on a non-residential site that is intended
for transmitting or receiving television, radio or telephone communications.
One (1) of a series of three (3) or more attached single-family
dwellings, two (2) or three (3) stories in heights, which are separated
horizontally from one another by solid partition walls extending from
basement to roof without openings, and which fronts on a public street
or other approved place and has both a front and a rear yard.
One (1) of a series of three (3) or more attached dwellings,
two (2) or three (3) stories in height, for single-family occupancy
which are separated from one another by partition walls extending
from basement to roof without openings, but which are not located
or sited on individual subdivided lots.
A structure standing on wheels, towed or hauled by another
vehicle or self-propelled and used for human occupancy. Trailers used
for residential purposes shall be allowed only in a designated and
approved mobile home park.
A building, buildings, lot or lots, or portions thereof which
are used, or intended to be used, for the retail sale of gasoline,
diesel or other motor vehicle fuel, and for which the lot(s) may be
used for short-term parking (not to exceed twenty-four (24) hours)
of trucks, tractor-trailers or components thereof, and which may include
restaurants, motel and/or a truck wash facility.
A building or area in which freight brought by truck is assembled
and/or stored for routing or reshipment, or in which semi-trailers,
including tractor and/or trailer units and other trucks, are parked
or stored.
A building used primarily for the storage of goods, materials
or merchandise.
A use engaged in the storage, wholesale and distribution
of manufactured products, supplies and equipment, but excluding bulk
storage of materials that are inflammable or explosive or that create
hazardous or commonly recognized offensive conditions.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support and
that, under normal circumstances, does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main
building and the rear lot line.
A yard between the main building and the side lot line and
extending from the front yard line to the rear yard line.
